The High Court at Patna rejected an application for bail filed by an accused in a dowry death case under IPC 304B. The evidence indicated the petitioner sprinkled kerosene on the deceased, leading to fatal burn injuries shortly after marriage.
Application for bail in respect of charges under IPC 304B and 34 is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10006 of 2017
Arising Out of PS.Case No. -259 Year- 2015 Thana -KATORIA District- BANKA
====================================================== Santosh Tanti, Son of Sat Mohan Tanti, Resident of Village- Darwepatty, P.S. Katoria, District- Banka.
.... .... Petitioner/s
The State of Bihar
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 03-04-2017 Heard both sides.
The petitioner seeks bail in Katoria P.S. Case No. 259/2015, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code.
The informant brother of the deceased alleged that his sister was married to Santosh Tanti (petitioner) six month ago. The informant got information that his sister was subject to different sorts of torture by her husband and others. On 18.10.2015 the petitioner (husband of the deceased) sprinkled kerosene oil on the body of his sister and ignited fire. His sister succumbed to injuries on 23.10.2015.
Learned counsel for the petitioner submits that during the course of investigation, the witnesses have stated that the
Patna High Court Cr.Misc. No.10006 of 2017 (3) dt.03-04-2017
2/2
deceased was not satisfied with her marriage with the petitioner and that is why she herself ignited fire in her body. The police after investigation submitted final form against other accused persons. From perusal of the case diary, it appears that the informant and other witnesses have categorically stated that it was the petitioner who ignited fire after sprinkling kerosene oil on the body of the deceased. The deceased within six months of her marriage with the petitioner died due to burn injuries.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.)
Vinita/U T
3 issues framed by the court
Whether the petitioner should be granted bail in a case alleging dowry death and affray.
Whether the allegations of self-ignition stand established in the facts of the case.
Whether the severity of the charges precludes bail under Sections 304B and 34 IPC.
1 provisions across 1 enactments
Santosh Tanti
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
